SC dismisses plea against HC order allowing lessors to inspect Go First planes

The Supreme Court has refused to entertain a petition challenging a Delhi High Court order permitting lessors to inspect their aircraft leased out to Go First and carry out maintenance.

A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said on Monday (August 7) that since the Delhi High Court is hearing the matter on a day-to-day basis, it would not entertain the plea at this stage.

Senior advocate Shyam Divan, appearing for the Interim Resolution Professional (IRP) of the airline, said efforts to revive the company and keep it afloat will be hit if the lessors are permitted to cancel the lease deed for the aircraft and engines.

The senior lawyer raised the issue of jurisdictional competence of the high court in the matter.

“We will not entertain. Since the proceedings are pending before the Delhi High Court, where petitions are being argued on a day-to-day basis, we are not entertaining this at the present stage. Let the jurisdictional issues also be addressed before the single judge (of the high court),” the bench said.

Also read: NCLT asks Go First to refund Rs 597 crore to 16 lakh passengers

The IRP challenged the order of a division bench of the high court, which upheld the verdict of the single-judge bench in the case.

On July 5, the single-judge bench of the high court had allowed Go First lessors to inspect their aircraft at least twice a month and carry out maintenance. It said there can be no denial of the fact that the aircraft of the petitioner lessors are highly valuable and the sophisticated equipment require maintenance.

It had also restrained Go First and its representatives and the IRP appointed by the NCLT from removing, replacing, or taking out any part or components, or records of the 30 aircraft except with the prior written approval of the lessor of the particular airplane.

The high court had passed the interim order on multiple applications filed by the lessors to alleviate any further losses.

Go First stopped flying on May 3.

(With agency inputs)